KUALA LUMPUR (Bernama) -- During question and answer session at the Dewan Rakyat on Tuesday, Datuk Othman Abdul (Pendang-BN) had asked a supplementary question on the revocation of honorary titles from recipients who had committed criminal offences.

Minister in the Prime Minister's Department Datuk Seri Dr Shahidan Kassim, in his reply, said only the presenter of the award had the authority to withdraw it.

Of late, social media platforms have been abuzz with suggestions that recipients of state and federal awards be stripped off their titles if they were found to have flouted the law. Many social media users shared the opinion that titled people should take good care of their image and status, in keeping with the honour bestowed on them.

The issue of revoking titles also arose back in June 2004 when the then Parliamentary Secretary to the Prime Minister's Department Datuk Mohd Johari Baharum said the government was studying a proposal to withdraw titles conferred on individuals who were found to be involved in criminal activities.

PAST CASES OF WITHDRAWALS

There is nothing new about awards and titles being revoked from their recipients, as exemplified by some Sultans who had stripped certain individuals off their honours for various reasons.

The latest was in December last year when the Sultan of Selangor, Sultan Sharafuddin Idris Shah, revoked the Datuk Seri title that he had conferred on Opposition Leader Datuk Seri Anwar Ibrahim. The revocation, effective Nov 3, came about after Anwar questioned the integrity and power of the Selangor Sultan, as well as the institution of monarchy, to resolve the impasse surrounding the appointment of the new Selangor menteri besar.

But the Parti Keadilan Rakyat (PKR) de facto leader still holds the Datuk Seri title as he had been conferred similar awards by other states, among them Perlis, Perak, Sabah, Negeri Sembilan, Melaka and Pahang.

In October 2010, the Sultan of Kelantan, Sultan Muhammad V, revoked an award, which carried the Datuk title, he had conferred on Perkasa President Datuk Ibrahim Ali, but the reasons for the withdrawal were not announced to the public.

Earlier, in October 2004, the Sultan of Pahang withdrew two awards, which carried the Datuk Seri and Datuk titles, from two individuals who were found to have been involved in criminal activities, including having connections with the underworld.

IS REVOCATION NECESSARY?

Does criminal involvement provide sufficient basis to justify the withdrawal of a state or federal award?

In his reply, Asso Prof Dr Sivamurugan Pandian, who is a lecturer at Universiti Sains Malaysia's (USM) Centre for Social Science Studies, stressed that any decision to revoke an award or title was the sole prerogative of the Yang di-Pertuan Agong, Sultan or Governor of the state concerned.

He said the withdrawal of an award or title was not an unusual practice as certain rulers, including the Sultans of Selangor and Johore, had done it previously for various reasons.

"It's only the palace which has the absolute right to make such a decision, based on applicable rules and guidelines. Hence, it's up to the palace to withdraw a certain award, without any influence from outside.

"Whether or not this practice (of revoking the title of an individual who had committed a criminal offence) should be institutionalised depends on the palace... if it is, then it should apply to all and not just certain individuals only," he said, when contacted by Bernama.

RETURN THE AWARDS

Sivamurugan said this was to avoid unnecessary disputes over the issue and preventing it from being used as political fodder by the opposition.

"For example, if only Anwar is subject to the revocation, then people will ask why it is only being done now and not in 1999 when he was also jailed... various issues will arise," he said.

Sivamurugan, however, felt that Anwar should return all the awards he had received if he continued to question the integrity of the institution of monarchy and had no faith in it.

"... he may have received the awards when he was in the government but he should return them if he continues to criticise the royalty," he said.

DISCRETION

Meanwhile, Prof Dr Ahmad Atory Hussain, a lecturer at USM's Centre for Social Science Studies, said it was usual for an award or title to be revoked from a recipient after he had committed a criminal offence.

Nevertheless, he pointed out, there were still individuals who managed to keep their awards and titles intact, despite their criminal records.

"It's up to the presenter... it's also up to the menteri besar or Prime Minister to advise the Sultan or Yang di-Pertuan Agong to withdraw the title of any individual," he said.

He said while it was not wrong for the people to air their views, they could not forcefully demand the revocation of a person's title, as the decision rested with the palace concerned.

"Furthermore, if one palace withdraws the award and title it had conferred on an individual, he could very well still flash his title as it is likely that he would have received similar awards from other states. So the revocation doesn't really have an impact on him," he added.

The United States government would have had its reasons to remove the petition to the White House that called for US President Barrack Obama to expedite Datuk Seri Anwar Ibrahim’s release.

Political analyst Dr. Sivamurugan Pandian said this when asked to comment whether the US had grounds to remove it and whether it was possible that the petition website could have been hacked.

This after a DAP lawmaker claimed that someone had hacked the petition website, which led to the webmaster removing it.

“Certainly the White House website is not easy to hack.

“The US government will definitely react rationally in regard to grounds to remove it. So it must have realised there was no valid support, so it removed it,” Sivamurugan told The Rakyat Post when contacted.

On the Opposition’s reaction to the petition, Sivamurugan opined that it was focusing too much on the petition and on Anwar, when there were internal issues to focus on.

“Even internally, it did not gain enough support. So it is trying to use external support to free him. It should find better grounds to face the government and whatever criticisms it has towards Barisan Nasional rather than focus solely on Anwar’s case.

“IT should instead focus on mending the differences that could bring Pakatan Rakyat together, especially between PAS and DAP.

“They should do this rather than rely on Anwar, who has always been able to glue the relationship between the parties,” he said.

Trying to make sense of reason the petition was removed, analyst Wong Chin Huat, who is the Fellow and Head of the Penang Institute’s Political and Social Analysis Section, said based on the petition’s policy, he wondered how the petition could have broken the requirements listed.

The Penang Institute is the public policy think tank of the Penang state government.

Wong noted the policy as stating that “petitions will not be selected for review or removal on the basis of the viewpoint they advance”.

He also pointed out that the two grounds upon which the petition could be removed included if it went beyond seeking government action or policies, or if it involved threats to individuals, obscene material, defamatory statements, or information that invaded privacy, among other factors.

“Is the US saying that the Obama administration cannot decide its top priorities on policy towards Malaysia to include release of Anwar?

“Since the moderation policy also promises that ‘the user who submitted the petition will be notified and have the opportunity to request reconsideration of the determination’, perhaps at least John Mallot, if not other petitioners, will be informed of the ground,” he told The Rakyat Post in an email response.

Wong also said that the “sabotage” on the petition could be counter-productive and that it could show that the US was “pleasing” Prime Minister Datuk Seri Najib Razak.

“This may simply upset many other Malaysians who earlier did not care much about the petition,” he added.

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KUALA LUMPUR (Bernama) -- Although the MIC has the right to take the Registrar of Societies (RoS) to court over its directive to the party to hold re-elections, the legal action is not likely do much to resolve the crisis the party is engulfed in, say political observers.

In fact, they describe the court case as just another turn of the screw, which will only serve to prolong the bad vibes between the party president Datuk Seri G. Palanivel and his estranged deputy, Datuk Seri Dr S. Subramaniam, as well as their respective supporters.

Assoc Prof Dr Sarjit Singh Gill, who is a senior lecturer with Universiti Putra Malaysia's Department of Social Sciences and Development, said now that the matter has been dragged to the court, the MIC's efforts to rejuvenate the party and start focusing on national and community issues would have to be postponed indefinitely.

"It's going to cause the party to wobble even more," he said.

RE-ELECTIONS MAY NOT BE SMOOTH

Although Sarjit was confident the party may get to hold fresh elections before July this year, he doubted it would be a smooth process in view of the differences of opinion between the top two party leaders.

On Feb 24, Palanivel, his two Vice-Presidents Datuk S. Sothinathan and Datuk S. Balakrishnan, and former MIC secretary-general A. Prakash Rao filed an application for a judicial review to quash the RoS' directive calling for fresh elections for several key party posts.

A day earlier, MIC Central Working Committee (CWC) member A. K. Ramalingam had applied for a judicial review to get the RoS and its director-general, Mohammad Razin Abdullah, to retract the re-election directive sent to the party.

"They can bring the issue to the court. That's their right but I'm sure RoS has also studied the legal implications and will not simply put their reputation at stake.

"Once a matter goes to the court, then everybody has to wait for the court decision," Sarjit Singh told Bernama recently.

Former MIC secretary-general and deputy Dewan Rakyat speaker D.P. Vijandran, who is a lawyer, opined that the party could proceed with the re-elections, even with the court case pending, provided that "it has taken the proper steps in consultation with a legal adviser".

"The party leaders (who want the re-elections to be held) should do it within the confines of the MIC constitution. Then again, there is the question of whether the RoS is empowered to do what it did (send the directive to MIC to hold fresh elections).

"Even if the court were to decide that the RoS does not have the power (to send the re-election directive), there is still the question of the validity of the MIC's last party elections in 2013 and the court case will not resolve this," he said, adding that the applications for judicial review only sought to establish whether or not the RoS was empowered to issue the re-election directive to MIC.

CRISIS BEING PROLONGED

The MIC crisis erupted following differences in opinion between Palanivel and his deputy after the RoS issued a notice last Dec 5 directing the party to hold fresh elections for the three vice-presidential and 23 CWC posts.

The RoS had nullified the elections held in November 2013 following complaints of irregularities.

According to Tengku Adnan, it was agreed during the meeting that the MIC would hold fresh elections and that it would use its 2009 CWC list for the purpose of holding the re-elections as decided by the RoS.

Assoc Prof Dr Sivamurugan Pandian, a senior lecturer with Universiti Sains Malaysia's School of Social Sciences, agreed that the court case would serve to prolong the MIC crisis, unless the court dismissed both the applications for judicial review.

He said the longer the crisis prolonged, the more tedious it would become for the party leaders to focus on the needs and demands of the community.

"It seems to have turned into a never-ending story and has tarnished party's image. Even decisions made by the prime minister and his deputy were not respected. It also brings into question the party's integrity and political legitimacy," he added.

Sarjit agreed that the MIC would be saddled with more problems if its crisis was left to fester.

"MIC may find it difficult to attract young Indians to collaborate with the party or join as members as they now have a different perspective of the goings-on in the party," he said.

Urging the party leaders to set aside their differences and hold fresh elections, he said they should move on and draft a blueprint on the development of the Indian community.

"So far I've not seen any plan...as an academician, I would like to see the facts and figures.

"The Indians, especially those in the rural areas and university students, are suffering due to the ongoing crisis in MIC. The party should reach out to them," he added.

Tuesday, March 03, 2015

KUALA LUMPUR (Bernama) -- The Barisan Nasional's (BN) decision to stay out of the Chempaka state by-election reflects the government's commitment towards prioritising the needs of the people.

UMNO, which had traditionally contested the seat, had based its decision on the ongoing efforts by the federal government to help the people of Kelantan, who were badly hit by the floods that ravaged the state at the end of last year.

Many, including Kelantan PAS, are viewing UMNO's move positively, as they feel it will enable both parties to concentrate on the post-flood clean-up and rehabitation exercise.

Unfortunately, certain opposition leaders are seeing it in a negative light, even insinuating that the no-contest decision by UMNO-led BN has unleashed a new era of politics in Malaysia, which, they claim, will be more peaceful if UMNO and BN stayed away from all elections in future.

PAS Information Chief Datuk Mahfuz Omar alleged that the involvement of UMNO in any election would only give rise to discord and conflict, and create an uneven playing field.

Why is the BN's decision drawing such pessimistic views, even to the extent of belittling UMNO's efforts at lending a helping hand to the hapless flood victims and uniting the rakyat?

CHANCE FOR GOVERNMENT TO SERVE THE PEOPLE

Several political analysts interviewed said any dispute or criticism arising from the BN's no-contest decision was unwarranted.

They felt that it deserved to be viewed positively because federal leaders would now have more time to serve the people.

Prof Dr Ahmad Atory Hussain, who is a lecturer with Universiti Sains Malaysia's (USM) Centre for Social Science Studies, said it was not something out of the ordinary if the BN chose not to field a candidate in a by-election.

"In May last year, BN took the same approach by not contesting the Bukit Gelugor by-election (in Penang).

On Wednesday, the Prime Minister announced that the BN would sit out the Chempaka state by-election so that it could focus on the post-flood rehabilitation works in Kelantan, as well as carry out efforts to strengthen the unity of the people.

The Election Commission has fixed the Chempaka by-election for March 22, while nomination day will fall on March 10. The seat was made vacant following the death of Datuk Nik Abdul Aziz Nik Mat of prostrate cancer on Feb 12.

RESPECTING NIK AZIZ'S LEADERSHIP

Political analysts also pointed out that although their political idealogies may vary, the Muslim community regarded Nik Aziz's demise as a great loss in view of the charismatic and exemplary leadership qualities he exuded as PAS Spiritual Leader.

Najib, when commenting on Nik Aziz's death, said the nation had lost a knowledgeable Islamic leader who had made vast contributions.

Ahmad Atory described the BN's decision to stay out of Chempaka as a mark of respect for the late Nik Aziz, who had held the seat since 1990.

During the 13th general election, Nik Aziz defeated BN's Wan Razman Wan Abd Razak with a majority of 6,500 votes.

While many see the no-contest move as proof that UMNO respects PAS, it is also an indication that the BN wants to maintain PAS-controlled Kelantan's harmonious political landscape.

Ahmad Atory said the federal government's commitment to press on with its flood relief works should not be seen as a ploy to win the support of the people of Kelantan, as both the federal and state authorities were tasked with the responsibility of taking care of the welfare and well-being of the people.

"It's better for the federal government, that is BN, to focus on post-flood rehabilitation efforts so that it will not have any guilt feelings. For sure, the flood relief works will be affected if it decides to contest the by-election," he said.

FLOOD COMMITTEE TO CARRY ON UNINTERRUPTED

Sharing Ahmad Atory's views was Asso Prof Dr Sivamurugan Pandian, a lecturer at Universiti Sains Malaysia's Centre for Social Science Studies, who said that the BN's decision was a strategic one as it would enable the government to concentrate on the post-flood operations in Kelantan.

Describing it as a good initiative, Sivamurugan said the joint committee which was established to address the post-flood problems in the state, could continue doing its work uninterrupted.

It could also, he added, be a starting point for further cooperation between the federal and state governments.

"This joint flood committee is a first for PAS and UMNO, and both were willing to set aside their differences in their political idealogies for the sake of helping the people," he said.

Sivamurugan said although the BN's choice to stay away from the Chempaka by-election may be perceived wrongly by certain leaders and supporters of the coalition, the decision was made in the best interest of the people of Kelantan.

"In politics, it's usual for people to talk behind one's back. They will say that UMNO and BN are not contesting because they're worried they may not get enough support. But people who say such things are frustrated and don't want to see PAS and UMNO cooperating.

"There's no question of them being afraid to contest in a seat held by the opposition, but it's just that UMNO and BN want to prioritise the interests of the people first, not politics," he said.

The Post-Flood Joint Committee was set up last year to oversee rehabilitation works in various parts of Kelantan, which were badly hit by the floods.

It is jointly chaired by Kelantan Menteri Besar Datuk Ahmad Yakob and International Trade and Industry Minister Datuk Seri Mustapa Mohamed, who is also Kelantan UMNO Liaison Chairman.